Real Estate
“Zombie” transfers can come back to haunt you
The bottom line: A dead person cannot convey an interest in land A “zombie” deed/transfer refers to a land transfer registered after the death of the transferor as if the transferor is still alive. There has been much debate around the use of “zombie” deeds – a recent case attempts to put the debate to… Read More »
Categories: Online Only, Real EstateDid you know that some title insurers include exceptions to fraud coverage for private lender transactions where the mortgage funds are not paid to acceptable parties?
In light of the commonly held view that real estate is a safe investment, many individuals use mortgage investments to supplement income or as a means of saving for retirement. Unfortunately, a reality of the current real estate landscape is that private lenders are often the target of identity frauds. A title insurance policy generally… Read More »
Categories: 2020 January - Finding Your Way, Articles, Practice Tips, Real Estate, Title insuranceTools for a strong foundation: Resources every real estate lawyer should know about
A successful real estate practice needs a variety of tools and resources. Here are four great resources that are a good starting place to find the right tool for whatever issues come to your practice. Real estate file management checklist: Real estate continues to be LAWPRO’s second largest claims area by count and cost, and… Read More »
Categories: 2020 January - Finding Your Way, Real EstateFraud for Shelter Update
With housing prices on the rise, more rigorous mortgage rules, and the resulting difficulty for some Ontarians to purchase property, real estate lawyers should be mindful of fraud for shelter. Fraud for shelter differs from traditional real estate frauds. Usually in a real estate fraud, the goal is to fraudulently sell the property or to… Read More »
Categories: Fraud, Online Only, Real EstateNon-Resident Sale Holdback Flowchart
Follow this flowchart when dealing with the sale of a property by a non-resident seller where there is no s.116 clearance certificate on closing. LAWPRO sees claims from the sellers and buyers lawyers who have missed or misinterpreted the obligations and liabilities which arise when a non-resident sells a property without delivering a s.116 clearance… Read More »
Categories: Checklist, Real EstateRecent judicial decision makes private lender mortgages (slightly) less complicated
In past years, LAWPRO has written a series of articles on potential claims exposure on private mortgages when title insurance is obtained. A recent judicial decision of the Ontario Court of Appeal resolves some ambiguity as to the implications of transferring funds in such circumstances. The problem originally arose where the lender and borrower were… Read More »
Categories: Real Estate, Title insurance, WebzineKnow thy property: Four easily avoidable errors made before closing real estate transactions
When closing a real estate deal, there is limited time to address numerous legal and practical issues. Just getting a transaction across the finish line can often seem like a feat worthy of celebration. But getting past closing doesn’t bring closure if title errors are discovered after the fact. And even small errors can create… Read More »
Categories: Real Estate, WebzineStaying Out of the Conflict Zone – Recognizing and Reacting to Conflicts of Interest in Real Estate Transactions
During the course of a real estate retainer, it can be easy for a lawyer to lose sight of what constitutes a conflict of interest, as well as what one should do to avoid its pitfalls and consequences. Simply stated, a conflict of interest arises when the lawyer’s duties to a client are compromised by… Read More »
Categories: Conflicts of Interest, Real Estate, TitlePLUS, WebzineReal Estate File Management Checklist
Real estate continues to be the second largest LAWPRO claims area by count and cost. Breakdown in lawyer/client communication is the most common cause of real estate claims. Even the most routine real estate transaction has many steps and the details may seem obvious but it is easy to let one or two slip through… Read More »
Categories: Areas of Law, Checklist, Content Type, Real EstateTo (mortgage) broker or not: That is the question
Case A: Lawyer M receives a call from a client who is looking for someone who will advance monies on the security of a mortgage. The lawyer gives the client the name, address and phone of a person who, lawyer M believes, does on occasion lend money on the security of a mortgage. Later, the… Read More »
Categories: Areas of Law, LAWPRO policy, Real Estate